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My aunt got Green card in 2004 and she stayed in India for more than 6 months after receiving her GC, getting Citizenship is not her goal but she wants to be flexible. Now sh wants to stay in India for 2 years, is this possible. What are the forms that she need to fil lout. Please advice. Thanks in advance.
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The GC is for her to live permanently in the USA. If that is not her intention, the she can surrender it at an Embassy or Consulate.
The GC is not to be used for the "convenience" of being able to travel to the US at any time she "pleases".
Any officer at the POE will see that she is in fact not maintaining residency in the US, she will have to show proof. So, have her made up her mind.
She would file an I-131 for a re-entry permit, that MAY allow her to return after a trip outside of the US for more than 1 year and less than 2 years.
But again, I believe she is abusing the GC, it is not meant for such "visiting for 2 years".Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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